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(영문) 제주지방법원 2015.05.14 2015고정96
사기
Text

Defendant shall be punished by a fine of KRW 800,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 23, 2014, the Defendant was sentenced to eight months of imprisonment for fraud at the Jeju District Court, and the above judgment became final and conclusive on January 15, 2015.

On August 25, 2011, the Defendant made a false statement to the effect that “The Defendant would work as a seafarer from the victim’s D (39 tons, wired fishing vessel) owned by the victim from August 25, 2011 to July 30, 2012, the victim’s house located in Jeju-si B apartment 504.”

However, even if the defendant receives a prepaid payment from the victim, he did not have the intention or ability to board the fishing vessel.

As above, the defendant deceivings the victim as above, and received 3 million won from the victim as a prepaid deposit account in the name of a person living together with the defendant, as the second bank account in the name of a person living together with the defendant.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the police statement statement or boarding contract with C;

1. Details of transactions of E Jeju Bank;

1. Previous conviction: Application of investigation report (verification of the fact that trial is pending)-related Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts and the choice of punishment: Article 347 (1) of the Criminal Act;

1. Concurrent treatment: The latter part of Article 37 and Article 39 (1) of the Criminal Act;

1. Detention at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Provisional payment order: It shall be decided as per the Disposition for the reason under Article 334 (1) of the Criminal Procedure Act; and

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